Vinocur v. Hoshino (USA), Inc.

Citizen enforcer Laurence Vinocur’s allegations against settling party Hoshino (USA), Inc. (“Hoshino”) were resolved on June 28, 2013, when the parties entered into an out-of-court Settlement Agreement.  In this matter, Vinocur alleged that Hoshino sold stools with vinyl/PVC seats containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Hoshino agreed not to manufacture any stools for sale in California after August 31, 2013, unless the stools contain no more than 1,000 parts per million of DEHP, di-n-butyl phthalate (“DBP”) and butyl benzyl phthalate (“BBP”) when analyzed using state or federally approved testing methodologies.  After June 28, 2014, Hoshino agreed not to distribute into California any stools that do not meet the reformulation standard.  Should Hoshino provide written certification that all stools sold in California after December 2, 2013 qualify as reformulated,  Vinocur agreed to waive a portion of the civil fine that would otherwise be applied.  In lieu of additional civil penalties, Hoshino will make a cy pres payment to the Silent Spring Institute to further its work identifying the links between exposures to potentially harmful chemicals (including DEHP, DBP, and BBP) and cancer or reproductive or developmental harm.

The Settlement Agreement requires settlement payments of $44,000, divided therein between civil penalties, 75% of which are paid to California’s Office of Environmental Health Hazard Assessment, the cy pres payment, and compensation to whistleblower Vinocur and his counsel for their successful enforcement of this matter in the public interest.